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THE NATIONAL REGISTRY OF INELIGIBLE AND SUSPENDED COMPANIES (CEIS) AND THE NATIONAL REGISTRY OF PUNISHED COMPANIES (CNEP)

July 5, 2021

Brazil published its Anti-Corruption Law - Law 12. 846, on August 1, 2013, whereby companies were committed to administrative and civil liability, with regard specifically to acts related to corruption, fraud in tenders and creating impeding circumstances for investigation or inspection. Unfortunately, the Brazilian legislator missed a great opportunity to criminalize companies’ operation and conduct, as is already the case in some countries.

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ANPD RELEASED GUIDELINES ON DATA PROCESSING AGENTS

June 28, 2021

The National Data Protection Authority (ANPD) released a Guidance Guide for the Definitions of Personal Data Processing Agents and the Data Protection Officer on May 27, 2021.

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THE LIFE OF CRACKERS HAS BECOME MORE DIFFICULT

June 21, 2021

The Senate news agency reported on May 28, 2021 that the president finally signed Bill 4554/2020, passing Law 14,155 of May 27, 2021, which modified the penal code to specifically deliberate on cybercrime, focusing on:

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COOKIES, UNDERSTAND IT ONCE AND FOR ALL!

June 14, 2021

There are many definitions out there for cookies, but the one I like the most is found on the Positivo website, as well as some other websites, which clarifies that cookies are simple text files sent by the website to the browser the first time you visit it. A simple and effective definition. It’s there so that when the user visits the website again, their browser sends the data collected by the cookie, depending on its goal.

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HOW MUCH DOES IT COST, AND HOW MUCH DOES A COMPANY EARN WITH A COMPLIANCE PROGRAM?

June 7, 2021

A seemingly simple question, but appearances can be deceiving!

The question is much more complex than it seems. After all, it is illusory to compare different matters under the same prism.

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COVID-19 IN THE WORKPLACE

May 31, 2021

More than a year after news of the spread of the pandemic in Brazil broke, and despite the death of more than 350 thousand people in the country, media coverage continues to focus on the irresponsibility of individuals: those attending indoor parties, the stubbornness of others in not wearing a mask and the selfishness of many who seem to care little for the life of others, a close relative or not.

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NEW DIRECTIONS FOR PUBLIC CIVIL ACTION IN BRAZIL

May 24, 2021

Public civil actions were endorsed by Article 129, III of the  Federal Constitution of 1988 and have become one of the Federal Prosecution Officer’s (MP) institutional functions, regulated by Law No. 7,347 / 85.  They target diffuse, collective, and homogeneous individual rights.  They are intended to prevent and prosecute violations to collective interests such as the environment, consumers, historical or cultural heritage, including administrative impropriety, economic order, urban order.

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MPF, SENACON, CADE, AND ANPD RECOMMEND WHATSAPP EXTEND THE TERM OF ITS NEW PRIVACY POLICY

May 17, 2021

When WhatsApp informed its users a few months ago that their data could be shared with Facebook, this fact generated alarm among many users who imagined that part of their WhatsApp dialogues would appear on their Facebook pages. However, WhatsApp denied that this was going to happen.

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THE RUSSIAN ANTI-CORRUPTION LAW

May 10, 2021

The Russian anti-corruption law, federal law No. 273, dated December 25, 2008, was enacted during the term of the president and jurist, Dmitri Anatolievitch Medvedev, whose term lasted from 2008 to 2012.  The law was designed to curb potential shady relationships between the private sector and the Russian government.

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THE WHISTLEBLOWER IN BRAZIL

May 3, 2021

On October 22, 2020, the US Securities & Exchange Commission (SEC) announced the largest reward payment ever made to a whistleblower in the United States, of US$ 114 million, more than R$ 650 million at current values. Much more than the often dreamed of mega-sena lottery in Brazil. Since its first award, the SEC has paid $ 676 million to 108 whistleblowers.

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ABOUT US

Licks Attorneys Compliance’s Blog provides regular and insightful updates about Ethic and Compliance. The posts are authored by Alexandre Dalmasso, our partner. Licks Attorneys is a top tier Brazilian law firm, specialized in Intellectual Property and recognized for its success handling large and strategic projects in the country.

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Licks Attorneys' COMPLIANCE Blog

BE LOYAL TO THE COMPANY OR BE LOYAL TO THE BOSS

Regardless of whether an employee is hired under an employment contract or just by signing in the employment and social security card, his / her initial duty of loyalty to the company is not challenged, which after all, pays his / her compensation for their services and waits in return for his / her commitment to the development of the corporation's business.

BE LOYAL TO THE COMPANY OR BE LOYAL TO THE BOSSRead Full Article

Compliance Investigation

On the afternoon of April 15th, a webinar was held with the topic "Compliance Investigation", led by Alexandre Dalmasso, partner and responsible for the Ethics and Compliance Practice Group. The webinar aims to discuss the best practices and main challenges for successful compliance investigations, unraveling the investigation phases, identifying gaps in the process and how to implement improvements based on the results obtained.

Compliance InvestigationRead Full Article

EXCELLENCE IN THE CODE OF CONDUCT

At the beginning of the millennium, when the so-called 1st compliance wave occurred, a document started to gain evidence: the Code of Conduct.

EXCELLENCE IN THE CODE OF CONDUCTRead Full Article

MISCONDUCT – INHERITED OR MOLDED CHARACTER TRAITS

Some time ago, I came across an unusual situation ... there was a company that allowed its employees to use a taxi as a mean of transportation due to some need related to the company's business. There were no major controls and, oddly enough, a receipt from the taxi was not even required for accountability.

MISCONDUCT  – INHERITED OR MOLDED CHARACTER TRAITSRead Full Article

In the fight against corruption, who is who in the world...

Although several governments are striving to combat and mitigate corruption and its consequences, since talking about eradicating corruption is an almost utopian task, it is important to know the world´s players in this fight.

In the fight against corruption, who is who in the world...Read Full Article

Corruption Perceptions Index 2019

Corruption Perceptions Index or simply CPI is an index created by a non-governmental organization named Transparency International (www.transparency.org), which, among other purposes, has set out to monitor countries' progress in fighting corruption around the world.

Corruption Perceptions Index 2019Read Full Article

Red Flags

Red flags mean situations that deserve special attention and that must be carefully observed by managers and, mandatorily, by compliance officers and auditors. In short, they are warning signs, which should not and cannot be ignored.

Red FlagsRead Full Article

How to proceed when paying something to a Government official?

This is certainly a question that concerns many managers and even many compliance officers or even those responsible for providing guidance within an organization.

How to proceed when paying something to a Government official?Read Full Article

Critical Points in the process of adapting of LGPD

On the afternoon of February 19th, 2020, a webinar was held with the topic "Critical Points in the LGDP Suitability Process". Speakers of the webinar were: Alexandre Dalmasso, responsible for the Compliance area and lawyer Douglas Leite, our data privacy leader. The speakers used their experience in LGPD compliance projects to draw the audience's attention to the critical success factors in implementing a similar project.

Critical Points in the process of adapting of LGPDRead Full Article

How all start

My name is Alexandre Dalmasso,  I have a law degree specializing in compliance. I started to interact with issues related to ethics and compliance in 2002, but only in 2005 is when I started to work totally dedicated to the topic. In Brazil, the topic called the attention of countless professionals over the past few years with the rampant growth of several training and certification courses, which is a great indicator for a country that has been trying to get rid of the taint of corruption in order to allow the sustained growth of the economy and foster the increase in employment and entrepreneurship opportunities.

How all startRead Full Article